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Ohio Employment Law Questions & Answers
2 Answers | Asked in Employment Discrimination, Employment Law and Health Care Law for Ohio on
Q: Hipa Law discrimination

put on a Safety Hold due to medical reasons . I am a Truck Driver

Maurice Mandel II
Maurice Mandel II
answered on Jul 10, 2023

Your medical condition could constitute a physical disability for which you are entitled to a reasonable accommodation. HOWEVER- the employer does not have to accommodate the condition if you remain a danger to yourself or others, with or without the accommodation. Blind people cannot be... View More

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2 Answers | Asked in Employment Law for Ohio on
Q: Is this considered workplace retaliation?

I went to my Union Rep and complained about my Supervisor. My Supervisor ended up finding out and canceled my overtime that he specifically said I could work. Is this retaliation?

Maurice Mandel II
Maurice Mandel II
answered on Jul 10, 2023

Sometimes this makes you wonder who your Union is representing, doesn't it. Unfortunately, since you are represented by a Union, they are your exclusive representatives under the NLRA. You could file an unfair practices claim with them, or file a grievance with your union over the OT.... View More

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2 Answers | Asked in Employment Law for Ohio on
Q: Is this considered workplace retaliation?

I went to my Union Rep and complained about my Supervisor. My Supervisor ended up finding out and canceled my overtime that he specifically said I could work. Is this retaliation?

T. Augustus Claus
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answered on Jul 10, 2023

Retaliation in the workplace generally refers to adverse actions taken by an employer in response to an employee engaging in protected activity, such as filing a complaint or participating in a union-related activity. If you believe that your supervisor canceled your overtime specifically because... View More

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1 Answer | Asked in Personal Injury and Employment Law for Ohio on
Q: I got fired from work because they thought I faked an injury and strep throat.

It’s an in home caregiver job. I got hired in march and worked in April and my next shift I had I contacted them when I had strep throat and told them I had a doctor note and they said not to worry they don’t need it that when I felt better to contact them back so I can get a client. But people... View More

Tim Akpinar
Tim Akpinar
answered on Jun 20, 2023

An Ohio attorney could advise best, but your question remains open for two weeks. The tailbone injury you describe could be a personal injury matter - depending on how it took place. However, it looks like the focus of your post is more about the termination from work. That's something an... View More

1 Answer | Asked in Employment Law, Employment Discrimination and Sexual Harassment for Ohio on
Q: What should I do if I'm witnessing sexual harrasment at my job? The HR department knows, but it hasn't stopped.

My brother was fired from my current employer that my Father, and I still work at. This lead to a series of events of discrimination, ultimately people treating me poorly. Then, this lead to sexual harrasment that has been reported to the HR department, but the harrasment has not stopped. First it... View More

Maurice Mandel II
Maurice Mandel II
answered on May 24, 2023

There are Federal laws and state laws prohibiting Sexual Harassment in employment. You said you are being harassed by both a man and woman, but you haven't described how you think this is sexual in nature. Are they asking you for sexual favors? And your father too? Not all harassment is... View More

1 Answer | Asked in Employment Law and Health Care Law for Ohio on
Q: Can a nurse be fired in ohio for reporting a one time incident of a patient safety concern to management?
Tim Akpinar
Tim Akpinar
answered on Apr 16, 2023

An Ohio attorney could advise best, but your question remains open for two weeks. At this point, you could consider reaching out to whistleblower law attorneys in addition to employment law attorneys. This is an area of law (I don't think there's a category on this forum) that deals with... View More

1 Answer | Asked in Cannabis & Marijuana Law, Car Accidents and Employment Law for Ohio on
Q: what happens if im driving a company vehicle and im not high but weed is in my system and someone hits me or i hit some1

i usually only smoke like one bowl a day and if i get a medical card will i be ok no matter what

Nicholas P. Weiss
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answered on Mar 29, 2023

It is illegal to smoke marijuana in Ohio. This is true even if you have a medical card. Your employment is also not protected from the use of marijuana even if you have a medical card. Marijuana in your system will likely be determined to be a contributing factor in any accident.

1 Answer | Asked in Employment Law, Health Care Law and Immigration Law for Ohio on
Q: What are the legal requirements for the employee to obtain a hospital sponsored green card?

Hello,

I am an international student that came to the USA on an F-1 visa. My visa expired in 2021 but I maintained residency in the US until I graduated from my nursing program. I have a work an employment authorization document for optional practical training, this permit expires on... View More

James L. Arrasmith
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answered on Feb 25, 2023

Congratulations on your job offer and the opportunity to apply for a green card sponsorship through your hospital.

The requirements for obtaining a green card through employment can vary based on the specific type of employment-based immigrant visa category for which you qualify. Your...
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1 Answer | Asked in Contracts and Employment Law for Ohio on
Q: if I signed a noncompete 5 years ago&changed roles in company is it still in place if promises were broken w/ new role?
Joseph Jaap
Joseph Jaap
answered on Feb 15, 2023

An attorney would have to do a full review of the noncompete, the circumstances, and related facts to determine whether the agreement remains enforceable and to what extent. Even if the employer has broken promises, they could still force you into court trying to enforce the non-compete. So... View More

1 Answer | Asked in Employment Discrimination and Employment Law for Ohio on
Q: Kroger fired me following a panic attack (CPTSD) after a coworker yelled at me, can I sue?

Hello. I began working at a Kroger factory in October last year. In November, i had a panic attack due to a coworker yelling at me, and I have CPSTD, and being yelled at or facing aggression of any kind sends me into panic attacks. That day, the supervisor sent me home. Before that, she told me... View More

Cynthia Pietrucha
Cynthia Pietrucha
answered on Jan 24, 2023

Sorry to hear about your experiences. Under federal law (the ADA) you would have to prove that the employer knew you had these disabilities and that you were fired because of these disabilities. You carry the burden to prove your case. If you worked in Ohio, you should locate a local employment... View More

1 Answer | Asked in Employment Discrimination, Employment Law and Workers' Compensation for Ohio on
Q: Am I eligible for workmans comp benefits if I suffer PTSD due to an incident that happened while I was at work?

I am a teacher for a head start program. As part of my job I am required to conduct Home visits at families residences. During one of my visits in August of 2022 there was a man shot and killed 50 ft from me. I heard the shots and once police came I went to the front door and saw the body right... View More

James Monast
James Monast
answered on Dec 29, 2022

Ohio does not recognize workers' compensation claims for psychological conditions alone; they must be associated with a physical injury you sustain. Other states recognize these claims but not Ohio. You would have to sustain a physical injury, even a minor one, before the psychological... View More

1 Answer | Asked in Employment Law for Ohio on
Q: I live in Ohio and my employer is denying me time off to show up to a subpoena to be a witness. Is this legal?
Neil Klingshirn
Neil Klingshirn
answered on Dec 5, 2022

You have an obligation to respond to a subpoena, just like you have an obligation to serve as a juror when called. If your employer terminates your employment because you respond to the subpoena, you will probably have a claim for wrongful discharge.

That said, being fired with a claim for...
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1 Answer | Asked in Business Law, Employment Law and Contracts for Ohio on
Q: I work for a company in Ohio that is requiring employees to pay for damages to company equipment. Is this legal?

I believe section 4113.19 prohibits deductions from employee wages; but are there any other sections that I can reference to help get a better idea of what’s legal?

Additionally, what constitutes an “express contract”? I’m sure the “contract” was somewhere in the mountain of... View More

Matthew Williams
Matthew Williams
answered on Nov 29, 2022

The code section you've cited permits employers to deduct from wages for damages to company property, provided there is an express contract between the employer and the employee putting the employee on notice that he or she will be held accountable for damaged property and equipment. An... View More

1 Answer | Asked in Employment Law for Ohio on
Q: My job has security cameras. Can my employer secretly place a cellphone in a room to record what you do?

o

Neil Klingshirn
Neil Klingshirn
answered on Nov 28, 2022

Federal law prohibits audio recording of conversations unless at least one party to the conversation consents to the recording. 18 U.S. Code § 2511 - Interception and disclosure of wire, oral, or electronic communications prohibited. Therefore, if your employer is recording your conversation while... View More

1 Answer | Asked in Employment Law for Ohio on
Q: Does my employer have to pay me 3 days off for bereavement

I work at a bw3 and work about 25 hours a week. Have done my own research and section 124.387 says they have to but boss said no they dont

Matthew Williams
Matthew Williams
answered on Oct 26, 2022

The code section you refer to covers state government employees. Private businesses rarely offer any sort of bereavement leave to their employees and are not required to do so.

1 Answer | Asked in Cannabis & Marijuana Law and Employment Law for Ohio on
Q: Can I take legal action if I had to succumb to a drug test because I was accused of smelling like weed but I passed it
Nicholas P. Weiss
Nicholas P. Weiss pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 16, 2024

No. There are no employee legal protections in Ohio for being credibly accused of using marijuana and required to take a drug test.

1 Answer | Asked in Employment Law for Ohio on
Q: I’m a physician. I was fired from my job bc I was yelling at another doctor in the break room. First offense.

I yelled at a coworker in the break room in front of another peer. I did not use threatening language, but used two profanities.

John Michael Frick
John Michael Frick
answered on Oct 13, 2023

There is no question in your question. So I'm guessing as to the substance of your inquiry.

Because you were fired for just cause, you may not be entitled to recover unemployment compensation.

1 Answer | Asked in Employment Law for Ohio on
Q: I was laid off from my job and will receive 4 weeks severance pay. I live in Ohio. When should I file for unemployment?
Neil Klingshirn
Neil Klingshirn
answered on Oct 4, 2023

Apply when your severance runs out, unless the severance agreement states that your severance pay is allocated to the last day that you worked, in which case file when you are laid off.

1 Answer | Asked in Contracts and Employment Law for Ohio on
Q: I'm listed 10% owner of LLC that files as an S-Corp. Form 2553 lists the breakdown of ownership. The 51% partner sold

the company privately for an undisclosed price and now wants to "make me whole" by making 20 payments of $500 or $10,000 total to compensate for my 10%. That would mean the company is being valued at $100,000--equal to the salary of a current employee.

I can't accept this... View More

Joseph Jaap
Joseph Jaap
answered on Sep 28, 2023

Your rights as a minority 10% owner are determined by the LLC's Operating Agreement and any buy-sell or other agreements. Use the Find a Lawyer tab to retain a local business law attorney to review those agreements and advise you of your options.

1 Answer | Asked in Employment Law, Personal Injury and Sexual Harassment for Ohio on
Q: I have on going charges against my employer and don't if I should settle or not.

I filed charges with state agency.

Tim Akpinar
Tim Akpinar
answered on Aug 29, 2023

An Ohio attorney could advise best, but your question remains open for a week. At this point, one option is to try to arrange a free initial consult with an attorney to review your file in detail. Good luck

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